Originally posted at Donegal Friends.
Patsy Brogan of Frosses had been prosecuted by Donegal County Council under planning legislation for running an illegal pub in his shed.
Judge Kevin Kilrane dismissed the charge of failing to comply with an enforcement order to restore the shed on his property to its original use.
The judge ruled that the local authority had not provided adequate evidence that the converted shed in the Bluestack mountains was being used as a bar and lounge.
He said the shed had been converted to look like a bar and lounge and added 'he just might like the idea of looking at it as a bar and lounge, many people have bars with bar stools in the basements of their home'.